(영문) 수원지방법원 평택지원 2021.02.10 2020가단4053

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(영문) 수원지방법원 평택지원 2021.02.10 2020가단4053

건물명도

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 20, 2017, the Plaintiff entered into a lease agreement with the Defendant on the instant building with a deposit of KRW 10 million, monthly rent of KRW 400,000 (payment on July 15, 201), and from July 15, 2017 to 12 months (hereinafter “instant lease agreement”), and received a deposit of KRW 10,000 from the Defendant and handed over the instant building to the Defendant.

B. The instant lease agreement has been implicitly renewed. On May 22, 2020, the Plaintiff sent notice to the Defendant on July 12, 2020 to the effect that the lease agreement with the Defendant was renewed again on July 12, 2020. The Defendant paid that the lease agreement was divided on July 2020.

(c)

In this regard, the plaintiff reversed his position on July 14, 2020 and the defendant unilaterally paid the rent, asserting that it was unfair, and the lease contract of this case was terminated on July 15, 2020, and the plaintiff demanded to leave the building of this case until July 16, 2020. The defendant responded to the purport that it cannot be removed from the building of this case and the renewal of the lease contract is demanded.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment were terminated on July 14, 2020, and the defendant is obligated to deliver the building of this case to the plaintiff at the same time receiving money from the plaintiff after deducting monthly rent, general management expenses, and various public charges in the lease deposit of KRW 10 million.

The argument is asserted.

According to Article 10(4) and Article 10(1) of the Protection of the Lease of Commercial Building Building Act, if the lessor fails to notify the lessor of the refusal of renewal or the change of the terms and conditions between six months and one month before the expiration of the lease term, the lessor has leased the property again under the same conditions as the former lease at the expiration of the lease term.

유사 판례

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-대구지방법원포항지원 2015.05.07 2014가단10036

-광주지방법원 2020.07.07 2020가단3432

-서울중앙지방법원 2020.03.20 2019가단5168744